Consider giving possession of Kurla's Premier Residency flats: Bombay High Court to HDIL

MUMBAI: The Bombay High Court on Wednesday asked Housing Development & Infrastructure Ltd to consider handing over possession of ready flats at its Premier Residency project at Kurla in Mumbai, saying lawyers representing the developer and home buyers should try for an outof-court settlement.

The court was hearing a petition filed by Aejaz Saiyed, who has bought a house in the project. Around 60 buyers at the project have lodged complaints with police against the developer and its directors, accusing them of cheating and not handing over possession of flats despite receiving the full payment.

"The court today said advocates of both sides can resolve the issue through a settlement. Also, without any prejudice to rights of both sides, the court suggested that the possession needs to be handed over to the customers," said Aejaz Saiyed’s lawyer IA Saiyed.

Saiyed has pleaded that the petition should be converted into a public interest litigation considering the number of affected homebuyers. "We are ready to discuss the matter of pending issues once we get possession of our flats as suggested by the court today. After all the installments have been paid, they have come up with this frivolous demand for interest on installments," said Shabnam Latiwala, a homebuyer at the project.

According to her, the developer is not ready give details pertaining to the rate of interest, the amount and period for which the interest is being sought. Latiwala’s police complaint has been annexed to Saiyad’s petition.

The Mumbaibased developer, however, has claimed that these customers are defaulters and have not paid the interest on delayed installments. "We have already handed over 289 flats to the customers of Kurla Premier Residences so far. The process of handing over of flats to homebuyers commenced as per schedule. We have raised interest letters to customers, who have defaulted on the scheduled payments. These demand letters for due payments are being raised as per the agreements with home buyers," HDIL said in an email.